than the time of Justinian, from whose constitutions in many points *520] *(particularly in the advantages given to the widow) it very considerably differs; though it is not improbable that the resemblances which yet remain may be owing to the Roman usages introduced in the time of Claudius Cæsar, who established a colony in Britain to instruct the natives in legal knowledge;(s) inculcated and diffused by Papinian, who presided at York as præfectus prætorio, (172) under the emperor Severus, and Caracalla:(t) and continued by his successors till the final departure of the Romans in the beginning of the fifth century after Christ. (8) Tacit. Annal. l. 12, c. 32. (t) Selden, in Fletam, cap. 4, 3. (172) [Judge of the court.] THE END OF THE SECOND BOOK. APPENDIX. No. I. VETUS CARTA FEOFFAMENTI. Tenendum. SCIANT presentes et futuri, quod ego Willielmus, filius Willielmi de Premises. Segenho, dedi, concessi, et hac presenti carta mea confirmavi, Johanni quondam filio Johannis de Saleford, pro quadam summa pecunie quam michi dedit pre manibus, unam acram terre mee arabilis, jacentem in campo de Saleford, juxta terram quondam Richardi de la Mere: Habendam et Te- Habendum and nendam totam predictam acram terre, cum omnibus ejus pertinentiis, prefato Johanni, et heredibus suis, et suis assignatis, de capitalibus dominis feodi: Reddendo et faciendo annuatim eisdem dominis capitalibus servitia Reddendum. inde debita et consueta: Et ego predictus Willielmus, et heredes mei, et Warranty. mei assignati, totam predictam acram terre, cum omnibus suis pertinentiis, predicto Johanni de Saleford, et heredibus suis, et suis assignatis, contra omnes gentes warrantizabimus in perpetuum. In cujus rei testimonium Conclusion. huic presenti carte sigillum meum apposui: Hiis testibus, Nigello de Saleford, Johanne de Seybroke, Radulpho clerico de Saleford, Johanne molendario de eadem villa, et alis. Data apud Saleford die Veneris proximo ante festum sancte Margarete virginis, anno regni regis EDWARDI filii regis ED WARDI Sexto. (L. S.) MEMORANDUM, quod die et anno infrascriptis plena et pacifica seisina acre infraspecificate, eum pertinentiis, data et deliberata fuit per infranominatum Willielmum de Segenho infranominato Johanni de Saleford, in propriis personis suis, secundum tenorem et effectum carte infrascripte, in presentia Nigelli de Saleford, Johannis de Seybroke, et aliorum. [AN OLD DEED OF FEOFFMENT. Livery of seisin endorsed. Premises. KNOW all men present and to come, That I, William, son of William de Segenho, have given and granted, and by this my present deed have confirmed, to John, son of John of Saleford, for a certain sum of money which he has paid into my hands, one acre of my arable land, lying in the plain of Saleford, adjoining to the land of Richard de la Mere; To HAVE AND TO Habendum and HOLD all the aforesaid acre of land, with all its appurtenances, to the afore- Tenendum. said John, and his heirs and assigns, of the chief lords of the fee: Rendering and performing yearly to the same chief lords the services therefore due Reddendum. and accustomed: And I, the aforesaid William, and my heirs and assigns, warrant all the aforesaid acre of land with all its appurtenances, to the aforesaid John of Saleford and to his heirs and assigns, against all the world forever. In witness whereof I have put my seal to this present deed. Wit- Conclusion. ness, Nigell de Saleford, John of Seybroke, Radulphus, clerk of Saleford, John, miller of the same town, and others. Given at Saleford, on the Friday next before the feast of St. Margaret the Virgin, in the sixth year of the reign of King Edward, the son of King Edward. (L. S.) MEMORANDUM, That on the day and year within written full and quiet seisin of the within specified acre, with its appurtenances, was given and delivered by the within named William de Segenho to the within named John of Saleford, in their own proper persons, according to the tenor and effect of the within written deed, in the presence of Nigell de Saleford, John of Seybroke, and others.] Warranty. Livery of seisin endorsed. No. II. Premises. Parties. Bargain and sale. Parcels. No. II. MODERN CONVEYANCE BY LEASE AND RELEASE. SECT. I. LEASE OR BARGAIN AND SALE, for a Year. THIS INDENTURE, made the third day of September, in the twenty-first year of the reign of our sovereign lord GEORGE the Second, by the grace of God, king of Great Britain, France, and Ireland, defender of the faith, and so forth, and in the year of our Lord one thousand seven hundred and forty-seven, between Abraham Barker, of Dale Hall, in the county of Norfolk, esquire, and Cecilia his wife, of the one part, and David Edwards, of Lincoln's Inn, in the county of Middlesex, esquire, and Francis Golding, of the city of Norwich, clerk, of the other part, witnesseth, that the said Consideration. Abraham Barker and Cecilia his wife, in consideration of five shillings of lawful money of Great Britain, to them in hand paid by the said David Edwards and Francis Golding, at or before the ensealing and delivery of these presents, (the receipt whereof is hereby acknowledged,) and for other good causes and considerations, them the said Abraham Barker and Cecilia his wife, hereunto specially moving, have bargained and sold, and by these presents do, and each of them doth, bargain and sell, unto the said David Edwards and Francis Golding, their executors, administrators, and assigns, All that the capital messuage, called Dale Hall, in the parish of Dale, in the said county of Norfolk, wherein the said Abraham Barker and Cecilia his wife now dwell, and all those their lands in the said parish of Dale, called or known by the name of Wilson's Farm, containing by estimation five hundred and forty acres, be the same more or less, together with all and singular houses, dove-houses, barns, buildings, stables, yards, gardens, orchards, lands, tenements, meadows, pastures, feedings, commons, woods, underwoods, ways, waters, watercourses, fishings, privileges, profits, easements, commodities, advantages, emoluments, hereditaments, and appurtenances whatsoever to the said capital messuage and farm belonging or appertaining, or with the same used or enjoyed, or accepted, reputed, taken, or known as part, parcel, or member thereof, or as belonging to the same or any part thereof; and the reversion and reversions, remainder and remainders, yearly and other rents, issues, and profits thereof, and of every part and parcel thereof: To have and to hold the said capital messuage, lands, tenements, hereditaments, and all and singular other the premises hereinbefore mentioned, or intended to be bargained and sold, and every part and parcel thereof, with their and every of their rights, members, and appurtenances, unto the said David Edwards and Francis Golding, their executors, administrators, and assigns, from the day next before the day of the date of these presents, for and during, and unto the full end and term of one whole year from thence next ensuing, and fully to be complete and ended: Yielding and paying therefor unto the said Abraham Barker and Cecilia his wife, and their heirs and assigns, the yearly rent of one peppercorn at the expiration of the said term, if the same shall be lawfully demanded: To the intent and purpose that, by virtue of these presents and of the statute for transferring uses into possession, the said David Edwards and Francis Golding may be in the actual possession of the premises, and be thereby enabled to take and accept a grant and release of the freehold, reversion, and inheritance of the same premises, and of every part and parcel thereof, to them, their heirs and assigns; to the uses and upon the trusts thereof, to be declared by another indenture intended to bear date the next day after the day of the date hereof. In witness whereof, the parties to these presents their hands and seals have subscribed, and set the day and year first above written. Habendum. Reddendum. Intent. Conclusion. Premises. Parties. Sealed and delivered, being first duly GEORGE CARTER. WILLIAM Browne. ABRAHAM BARKER. (L.S.) SECT. 2. Deed of RELEASE. THIS INDENTURE of five parts, made the fourth day of September, in the twenty-first year of the reign of our sovereign lord GEORGE the Second, by the grace of God, king of Great Britain, France, and Ireland, defender of the faith, and so forth, and in the year of our Lord one thousand seven hundred and forty-seven, between Abraham Barker, of Dale Hall, in the county of Norfolk, esquire, and Cecilia his wife, of the first part; David Edwards, of Lincoln's Inn, in the county of Middlesex, esquire, executor of No. II. Consideration. the last will and testament of Lewis Edwards, of Cowbridge, in the county of Glamorgan, gentleman, his late father deceased, and Francis Golding, of the city of Norwich, clerk, of the second part; Charles Browne, of Enstone, in the county of Oxford, gentleman, and Richard More, of the city of Bristol, merchant, of the third part; John Barker, esquire, son and heir-apparent of the said Abraham Barker, of the fourth part; and Catherine Edwards, spinster, one of the sisters of the said David Edwards, of the fifth part. Whereas a marriage is intended, by the permission of God, to be shortly had Recital. and solemnized between the said John Barker and Catherine Edwards: Now this Indenture witnesseth that, in consideration of the said intended marriage, and of the sum of five thousand pounds, of good and lawful money of Great Britain, to the said Abraham Barker, (by and with the consent and agreement of the said John Barker and Catherine Edwards, testified by their being parties to, and their sealing and delivery of, these presents,) by the said David Edwards in hand paid, at or before the ensealing and delivery hereof, being the marriage portion of the said Catherine Edwards, bequeathed to her by the last will and testament of the said Lewis Edwards, her late father, deceased; the receipt and payment whereof the said Abraham Barker doth hereby acknowledge, and thereof, and of every part and parcel thereof, they, the said Abraham Barker, John Barker, and Catherine Edwards do, and each of them doth, release, acquit, and discharge the said David Edwards, his executors and administrators, forever, by these presents: and for providing a competent jointure and provision of maintenance for the said Catherine Edwards, in case she shall, after the said intended marriage had, survive and overlive the said John Barker, her intended husband: and for settling and assuring the capital messuage, lands, tenements, and hereditaments hereinafter mentioned, unto such uses, and upon such trusts, as are hereinafter expressed and declared: and for and in consideration of the sum of five shillings of lawful money of Great Britain to the said Abraham Barker and Cecilia his wife in hand paid by the said David Edwards and Francis Golding, and of ten shillings of like lawful money to them also in hand paid by the said Charles Browne and Richard More, at or before the ensealing and delivery hereof, (the several receipts whereof are hereby respectively acknowledged,) they, the said Abraham Barker and Cecilia his wife, Have, and each of them hath, granted, bargained, sold, released, and confirmed, and by these presents do, and each of them doth, Release. grant, bargain, sell, release, and confirm, unto the said David Edwards and Francis Golding, their heirs and assigns, All that the capital messuage Parcels. called Dale Hall, in the parish of Dale, in the said county of Norfolk, wherein the said Abraham Barker and Cecilia his wife now dwell, and all those their lands in the said parish of Dale, called or known by the name of Wilson's Farm, containing by estimation five hundred and forty acres, be the same more or less, together with all and singular houses, dove-houses, barns, buildings, stables, yards, gardens, orchards, lands, tenements, meadows, pastures, feedings, commons, woods, underwoods, ways, waters, watercourses, fishings, privileges, profits, easements, commodities, advantages, emoluments, hereditaments, and appurtenances whatsoever, to the said capital messuage and farm belonging or appertaining, or with the same used, or enjoyed or accepted, reputed, taken, or known, as part, parcel, or member thereof, or as belonging to the same or any part thereof, (all which said premises are now in the actual possession of the said David Edwards and Francis Golding, by virtue of a bargain and sale to them Mention of barthereof made by the said Abraham Barker and Cecilia his wife, for one gain and sale. whole year, in consideration of five shillings to them paid by the said David Edwards and Francis Golding, in and by one indenture bearing date the day next before the day of the date hereof, and by force of statute for transferring uses into possession;) and the reversion and reversions, remainder and remainders, yearly and other rents, issues and profits thereof, and every part and parcel thereof, and also all the estate, right, title and interest, trust, property, claim, and demand whatsoever, both at law and in equity, of them, the said Abraham Barker and Cecilia his wife, in, to, or out of the said capital messuage, lands, tenements, hereditaments, and premises: To have and to hold the said capital messuage, lands, tenements, Habendum. hereditaments, and all and singular other the premises hereinbefore mentioned to be hereby granted and released, with their and every of their арpurtenances, unto the said David Edwards and Francis Golding, their heirs and assigns, to such uses, upon such trusts, and to and for such intents and purposes as are hereinafter mentioned, expressed, and declared of and To the use of concerning the same: that is to say, to the use and behoof of the said the grantors till Abraham Barker and Cecilia his wife, according to their several and respect- marriage. No. II. Remainder to trustees to preserve contingent remainders: Remainder to the wife for life, for her jointure, in bar of dower: Remainder to other trustees for a term, upon trusts after mentioned: Remainder to the first and other sons of tail: ive estates and interests therein at the time of, or immediately before, the execution of these presents, until the solemnization of the said intended marriage: and from and after the solemnization thereof, to the use and behoof of the said John Barker, for and during the term of his natural life, without impeachment of or for any manner of waste: and from and after the determination of that estate, then to the use of the said David Edwards and Francis Golding and their heirs, during the life of the said John Then of the hus-Barker, upon trust to support and preserve the contingent uses and estates band for life, hereinafter limited from being defeated and destroyed, and for that pursans waste: pose to make entries or bring actions, as the case shall require; but, nevertheless, to permit and suffer the said John Barker, and his assigns, during his life, to receive and take the rents and profits thereof, and of every part thereof, to and for his and their own use and benefit: and from and after the decease of the said John Barker, then to the use and behoof of the said Catherine Edwards, his intended wife, for and during the term of her natural life for her jointure, and in lieu, bar, and satisfaction of her dower and thirds at common law, which she can or may have or claim, of, in, to, or out of all and every, or any, of the lands, tenements, and hereditaments whereof or wherein the said John Barker now is, or at any time or times hereafter during the coverture between them shall be seised of any estate of freehold or inheritance: and from and after the decease of the said Catherine Edwards, or other sooner determination of the said estate, then to the use and behoof of the said Charles Browne and Richard More, their executors, administrators, and assigns, for and during and unto the full end and term of five hundred years from thence next ensuing, and fully to be complete and ended, without impeachment of waste: upon such trusts, nevertheless, and to and for such intents and purposes, and under and subject to such provisoes and agreements as are hereinafter mentioned, expressed, and declared of and concerning the same: and from and after the end, expiration, or other sooner determination of the said term of five hundred years, and subject thereunto, to the use and behoof of the first son of the said Johr the marriage in Barker on the body of the said Catherine Edwards his intended wife to be begotten, and of the heirs of the body of such first son lawfully issuing: and for default of such issue, then to the use and behoof of the second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, and of all and every other the son and sons of the said John Barker on the body of the sail Catherine Edwards his intended wife to be begotten severally, successively, and in remainder, one after another, as they and every of them shall be in seniority of age and priority of birth, and of the several and respective heirs of the body and bodies of all and every such son and sons lawfully issuing; the elder of such sons and the heirs of his body issuing being always to be preferred, and to take before the younger of such sons and the heirs of his or their body or bodies issuing: and for default of such issue, the daughters, then to the use and behoof of all and every the daughter and daughters of the said John Barker on the body of the said Catherine Edwards his intended wife to be begotten, to be equally divided between them, (if more than one,) share and share alike, as tenants in common, and not as jointcommon, in tail: tenants, and of the several and respective heirs of the body and bodies of all and every such daughter and daughters lawfully issuing and for default the husband in of such issue, then to the use and behoof of the heirs of the body of him, the said John Barker, lawfully issuing and for default of such heirs, then to the use and behoof of the said Cecilia, the wife of the said Abraham Barker, and of her heirs and assigns forever. And as to, for, and concerning the term of five hundred years hereinbefore limited to the said Charles The trust of the Browne and Richard More, their executors, administrators, and assigns, as term declared; aforesaid, it is hereby declared and agreed by and between all the said parties to these presents, that the same is so limited to them upon the trusts, and to and for the intents and purposes, and under and subject to the provisoes and agreements hereinafter mentioned, expressed, and declared of and concerning the same: that is to say, in case there shall be an eldest or only son and one or more other child or children of the said John Barker, on the body of the said Catherine his intended wife to be begotten, then upon trust that they, the said Charles Browne and Richard More, their executors, administrators, and assigns, by sale or mortgage of the said term of five hundred years, or by such other ways and means as they or the survivor of them, or the executors or administrators of such survivor, shall think fit, shall and do raise and levy, or borrow and take up at interest, the sum of four thousand pounds of lawful money of Great Britain, for the portion or portions of such other child or children (besides the eldest or only son) as aforesaid, to be equally divided between them, (if more than Remainder to as tenants in Remainder to tail: Remainder to the husband's mother in fee. to raise portions for younger children, |